After reading the post in the legal and political forum, about how quite a few Virginian's were excercising thier right to carry thier pistols openly, I decided to research Alabama State Law. Like most other states that I have researched, no where in the law does it state anything about carrying openly. Finally after reading an opinion written in 1984 and posted recently on packing.org (sorry the site is down right now), which stated that you did not need a permit in the state of alabama to carry a pistol unconcealed, while afoot.
So I have just completed a letter to the Alabama Attorney General:
Dear Sir or Madam:
This letter is a request for clarification on a written opinion from a predecessor of yours, and clarification of Alabama State law. In March of 1984, your predecessor Charles A. Graddick wrote an opinion to District Attorney Van C. Gholston from Butler County . In this opinion AG Graddick sites a court case, Looney V. State, and lists it’s findings. In this opinion AG Graddick states that “a permit is not required when a person afoot carries an unconcealed pistol.” I spoke with Pat Roberts, from your office, and he explained that technically there is no law against openly carrying a pistol in the State of Alabama. Does your Office still recognize the and support the findings in this opinion, including but not limited to the findings of the court concerning Looney V. State?
§13a-11-52 of the State of Alabama Weapon Law states “ except otherwise provided in this article, no person shall carry a pistol about his person on premises not his own or under his control; but this section shall not apply to any sheriff or his deputy or police officer of an incorporated town or city in the lawful discharge of the duties of his office, or to United States marshal or his deputies, rural free delivery mail carriers in the discharge of their duties as such, bonded constables in the discharge of their duties as such, conductors, railway mail clerks and express messengers in the discharge of their duties.” If the state of Alabama upholds this section, does this not mean that a private citizen is not entitled to carrying a pistol, on our about his person, outside of his/her own property; either concealed or displayed in the open?
Your time and attention to these matters would be greatly appreciated, As would a written response to the above questions.
so i'll keep everyone updated on how this goes. Depending on thier response, i might start carrying openly very soon....
So I have just completed a letter to the Alabama Attorney General:
Dear Sir or Madam:
This letter is a request for clarification on a written opinion from a predecessor of yours, and clarification of Alabama State law. In March of 1984, your predecessor Charles A. Graddick wrote an opinion to District Attorney Van C. Gholston from Butler County . In this opinion AG Graddick sites a court case, Looney V. State, and lists it’s findings. In this opinion AG Graddick states that “a permit is not required when a person afoot carries an unconcealed pistol.” I spoke with Pat Roberts, from your office, and he explained that technically there is no law against openly carrying a pistol in the State of Alabama. Does your Office still recognize the and support the findings in this opinion, including but not limited to the findings of the court concerning Looney V. State?
§13a-11-52 of the State of Alabama Weapon Law states “ except otherwise provided in this article, no person shall carry a pistol about his person on premises not his own or under his control; but this section shall not apply to any sheriff or his deputy or police officer of an incorporated town or city in the lawful discharge of the duties of his office, or to United States marshal or his deputies, rural free delivery mail carriers in the discharge of their duties as such, bonded constables in the discharge of their duties as such, conductors, railway mail clerks and express messengers in the discharge of their duties.” If the state of Alabama upholds this section, does this not mean that a private citizen is not entitled to carrying a pistol, on our about his person, outside of his/her own property; either concealed or displayed in the open?
Your time and attention to these matters would be greatly appreciated, As would a written response to the above questions.
so i'll keep everyone updated on how this goes. Depending on thier response, i might start carrying openly very soon....